In Thailand, succession law governs how a person’s estate is distributed upon their death. Whether you are a Thai citizen or a foreigner with assets in Thailand, having a Thai will and succession ensures that your property is transferred according to your wishes and prevents legal disputes among heirs.
Without a legally valid will, Thai law dictates how assets are distributed under the Civil and Commercial Code. Understanding will preparation, inheritance laws, and probate procedures is crucial for protecting your estate and beneficiaries.
This guide covers the importance of a Thai will, legal requirements, inheritance laws, and steps for estate succession in Thailand.
1. Why is a Thai Will Important?
A Thai will ensures that your assets are distributed according to your wishes and avoids complications for your family.
🔴 Without a will, Thai law dictates who inherits your estate – This may not align with your preferences.
🔴 Delays in inheritance processing – Without a will, legal proceedings can take longer.
🔴 Foreigners with assets in Thailand need a separate will – A foreign will may not always be recognized in Thailand.
🔴 Avoids family disputes over inheritance – A will provides clear instructions, reducing conflicts.
💡 Tip: If you own property, bank accounts, or investments in Thailand, it’s advisable to draft a Thai will to simplify the inheritance process.
2. Legal Framework for Inheritance in Thailand
Thailand’s inheritance laws are governed by the Civil and Commercial Code (Sections 1599–1755). There are two types of succession:
✔ Testate Succession – If a valid will exists, assets are distributed according to the deceased’s wishes.
✔ Intestate Succession – If no will exists, assets are distributed according to Thai inheritance law.
💡 Tip: Having a valid Thai will ensures that intestate succession laws do not override your wishes.
3. How to Create a Legally Valid Thai Will
A will in Thailand must meet the following legal requirements:
✔ The testator (person making the will) must be at least 15 years old.
✔ The will must be made voluntarily without coercion or fraud.
✔ The will must clearly state how assets will be distributed.
✔ The will must be signed by the testator and two witnesses.
🔴 Risk: A will that does not meet Thai legal requirements may be invalidated by the court.
💡 Tip: Consult a lawyer to ensure your will is properly drafted and legally enforceable.
4. Types of Wills in Thailand
There are five legally recognized types of wills under Thai law:
4.1 Written Will (Most Common)
✔ The testator writes the will and signs it before two witnesses.
✔ This is the simplest and most widely used form.
4.2 Public Document (Registered Will)
✔ The testator declares their will before a District Office official.
✔ Two witnesses must also be present.
✔ Highly secure – reduces the risk of forgery or disputes.
💡 Tip: A registered will is recommended for high-value estates.
4.3 Secret Will (Sealed Will)
✔ The testator writes the will, seals it in an envelope, and submits it to a District Office official.
✔ Two witnesses are required.
✔ The will remains confidential until the testator’s death.
4.4 Holographic Will (Handwritten by Testator)
✔ The will is entirely handwritten, dated, and signed by the testator.
✔ No witnesses are required.
🔴 Risk: A holographic will may be challenged if the handwriting is unclear.
4.5 Oral Will (Allowed Only in Emergency Situations)
✔ Can only be made in exceptional cases (e.g., during war or natural disaster).
✔ Requires at least two witnesses who must testify in court.
💡 Tip: A written or registered will is the most secure option.
5. Thai Intestate Succession (No Will)
If a person dies without a will, Thai law distributes assets based on legal heirs in the following order:
1️⃣ Descendants (children, grandchildren, great-grandchildren, etc.)
2️⃣ Parents
3️⃣ Siblings (full blood)
4️⃣ Half-siblings (same father or mother)
5️⃣ Grandparents
6️⃣ Uncles and aunts
💡 Tip: If the deceased has a spouse, the spouse is entitled to a portion of the inheritance, depending on which relatives survive.
6. Can Foreigners Inherit Property in Thailand?
Yes, but there are restrictions on land ownership:
✔ Foreigners can inherit land but cannot own it unless special permission is granted.
✔ Foreign heirs must sell the land within one year or transfer it to a Thai citizen.
✔ Foreigners can inherit and own condominiums if they meet the foreign ownership quota (49%).
💡 Tip: Foreigners should consult a lawyer to ensure smooth inheritance of assets.
7. Probate and Estate Administration in Thailand
After a person’s death, the estate must go through probate (court approval) before assets can be distributed.
Steps in Thai Probate Process
✔ Step 1: File a petition in the Thai Court of First Instance.
✔ Step 2: The court reviews the will or intestate succession.
✔ Step 3: The court appoints an executor to manage asset distribution.
✔ Step 4: The executor settles debts, pays taxes, and distributes assets.
✔ Step 5: The probate process is finalized, and heirs receive their inheritance.
🔴 Risk: The probate process can take 6–12 months or longer if disputes arise.
💡 Tip: Appoint a trusted executor in your will to avoid delays.
8. Inheritance Tax in Thailand
Thailand imposes inheritance tax on high-value estates:
✔ 10% tax for non-direct heirs (e.g., siblings, friends, distant relatives).
✔ 5% tax for direct heirs (parents, children, spouse).
✔ Exemptions: No tax is applied to estates worth less than THB 100 million.
💡 Tip: Estate planning with a lawyer can help minimize inheritance tax liabilities.
9. Common Mistakes in Estate Planning
❌ Not having a Thai will – Without a will, assets are distributed by Thai law, which may not reflect your wishes.
❌ Failing to update a will – Life changes (marriage, divorce, new children) may require will revisions.
❌ Not appointing an executor – Without an executor, probate can be delayed.
❌ Ignoring inheritance tax planning – Large estates may be taxed if not structured properly.
💡 Tip: Review and update your will regularly to ensure it reflects your current wishes.
10. Conclusion
Having a Thai will is crucial for ensuring that your assets are distributed according to your wishes and avoiding legal complications.
✔ Key Takeaways:
- A valid Thai will simplifies estate distribution and avoids family disputes.
- Foreigners should have a separate Thai will for assets in Thailand.
- If there is no will, Thai law decides how assets are inherited.
- The probate process takes time, so appointing an executor is recommended.
- Planning ahead can reduce inheritance tax and legal issues.